Charter Sections & Onuses of Proof

Question 1

Section 7?

Answer 1

Everyone has a right to life, liberty, and security of the person.

Question 2

Section 8?

Answer 2

Everyone has the right to be secure against unreasonable search and seizure.

Question 3

Section 9?

Answer 3

Everyone has the right not to be arbitrarily detained or imprisoned.

Question 4

Section 10(a)?

Answer 4

Everyone has the right on arrest or detention:
(a): to be informed promptly of the reasons therefore

Question 5

Section 10(b)?

Answer 5

Everyone has the right on arrest or detention:
(b): to retain and instruct counsel without delay and to be informed of that right

Question 6

Section 24(1)?

Answer 6

Anyone who’s freedoms have been infringed can apply to a court to obtain a remedy.

Question 7

Section 24(2)?

Answer 7

Where a court concludes that evidence has been obtained in a manner that breaches a right/freedom of the Charter, the evidence can be excluded if it brings the administration of justice into disrepute.

Question 8

How would you address a question about the Crown wanting to include a confession made to a police officer?

Answer 8

1. State that Common Law Confessions Rule applies
2. Crown must prove BARD that (1) person was authority figure & (2) statement was given voluntarily - if they fail, confession is excluded
3. Analysis of Quid Pro Quo
4. Analysis of any deprivation of human necessities.
5. Analysis of operating mind.
6. Analysis of police manipulation/trickery/

Question 9

Who has the burden of proof for excluding any derivative evidence?

Answer 9

The accused.

Question 10

At which level does the Common Law Confessions Rule get heard at?

Answer 10

Preliminary trial and trial level.